LORD MANSFIELD. 1704-1793. THE Honourable William Murray, the fourth son of Andrew, Viscount Stormont, was born at Perth, on the 2d of March, 1704, O.S. At the early age of three years he was removed to London, and in 1719 was admitted a king's scholar at Westminster. At the election, in 1723, he stood the first on the list of those destined to be sent to Oxford, and was entered of Christ Church on the 18th of June in that year. Both at Westminster and at Oxford he distinguished himself by his classical attainments, and after taking his degree of M. A., he left the university in the year 1730, and spent some months in travelling abroad. On his return, he was called to the bar in Michaelmas term 1731. It does not appear that at this period of his life he devoted much of his time to the study of his profession, though while a student he was in the habit of attending the meetings of a society of young men, who assembled for the purpose of discussing legal questions. The classical tastes and literary attainments of Mr. Murray led him to prefer the society of scholars and men of genius to that of his professional brethren. “When he first came to town," says Johnson, "he drank champagne with the wits." The rank, the personal character, and the reputation which he had acquired at the university, all contributed to Mr. Murray's success. It has been said, that for some time after he was called to the bar he was without any practice, and that he had been heard to say, that he never knew the difference between a total want of employment and an income of 3000l. a year.* It appears, however, that in 1732, the year after his being called, he was engaged in an important appeal case, in which the attorney and solicitor-general were employed, and Character of Lord Mansfield, by Mr. Butler, Seward's Anecdotes, that in the two following years he was very frequently retained in similar cases before the house of lords.* The frequent appearance of Mr. Murray in cases of appeal has been alluded to by Pope. The particular period at which the poet and Mr. Murray becaine acquainted does not appear, but it is probable that it was soon after the return of the latter from his travels. One of his biographers tells us, that "one day he was surprised by a gentleman of Lincoln's Inn, who took the liberty of entering his room without the ceremonious introduction of a servant, in the singular act of practising the graces of a speaker at a glass, while Pope sate by in the character of a friendly preceptor." Of the friendship of Pope and Murray, Warburton has said, "Mr. Pope had all the warmth of affection for this great lawyer; and indeed no man ever more deserved to have a poet for his friend, in the obtaining of which, as neither vanity, party, nor fear had share, so he supported his title to it by all the offices of a generous and true friendship." + In the year 1737, Pope published his imitation of the sixth epistle of the first book of Horace, which he dedicated to Mr. Murray, and in which he introduced him in the following flattering lines: Go then, and if you can admire the state And gaze on Parian charms with learned eyes; If not so pleased, at council-board rejoice *Holliday's Life, p. 28. + Id. p. 24. Notes on Imitations of Horace. Conspicuous scene! another yet is nigh Where Murray (long enough his country's pride) In the course of the same year Pope published his imitation of Horace's Ode to Venus, in which he again introduces his friend Murray. "Again? new tumults in my breast? Ah, spare me, Venus! let me, let me rest! I am not now, alas! the man, As in the gentle reign of my Queen Anne. Ah sound no more thy soft alarms, Nor circle sober fifty with thy charms. Mother too fierce of dear desires, Turn, turn to willing hearts your wanton fires; To number five direct your doves, There spread round MURRAY all your blooming loves; Noble and young, who strikes the heart With every sprightly, every decent part; Equal the injured to defend, To charm the mistress or to fix the friend; He, with a hundred arts refined, Shall stretch thy conquests over half the kind. To him each rival shall submit, Make but his riches equal to his wit." It is said that at this period of his life Mr. Murray unsuccessfully addressed a lady of great wealth, to which allusion is made in both of the poems above mentioned. The celebrated conveyancer Mr. Booth [Note 44.] was amongst the most valued of his early friends. The following affectionate letter, addressed to him in 1735, is a pleasing specimen of Mr. Murray's epistolary style: "My dear friend, "I received yours last night. I cannot but applaud the protection you give a sister, whom I know you love tenderly; yet it seems a little rash to carry your beneficence so far as to dry up the source of all future generosity; and I am sure it is greatly against the interest of every one, who has the least dependence upon you, that you should do any thing which makes it at all difficult for you to persevere in a way where you must at last succeed. Of this I have no doubt: and, therefore, it is as superfluous to add my advice for your coming to town immediately, as it would be to tell you that I omit no opportunity of mentioning your name, and promoting your interest. You cannot fail but by staying in the country, and suffering people who have not half your merit to step in before you. With regard to every thing you say of Mr. Pigot, we will talk more at large hereafter: I as little think he will bring you into his business while he lives, as that you can be kept out of a great part of it when he dies. I am at present consulted upon a devise settlement of his, whereby a great estate is left to a noble Roman Catholic family, which I am very clear is good for nothing. Can you contrive a way by which an estate can be left to a papist? Though I have no more doubt of the case put to me, than whether the sun shines at noon, I told the gentleman who consulted me I would willingly stay to talk with a Roman Catholic conveyancer, &c., whom I expected soon in town, and named you to him. "I own I am desirous you should come to town, and be assured the best service you can do your friends is, to put yourself in a way to serve them effectually. As to any present occasions you have, you know where to com→ mand while I have a shilling. "I am, I do assure you, with great cordiality and esteem, "Dear Booth, "Your affectionate friend and faithful servant, The first cause in the common law courts in which Mr. Murray distinguished himself was an action for criminal conversation brought by Theophilus Cibber against Mr. Sloper. Mr. Murray was junior counsel for the defendant, and in consequence of a sudden attack of illness, by which his leader was prevented from appearing in court, the duty of conducting the defence devolved upon him. At his request the cause was postponed for an hour, at the expiration of which time he again appeared in court, and conducted himself so ably, and made so forcible an address to the jury, that his client escaped with a very small penalty. From this time business poured in upon him from all sides, and an income of a few hundreds was swelled at once to thousands. In after-life he frequently referred, with expressions of lively pleasure, to the event of this cause. In the proceedings in parliament which took place subsequently to the celebrated Porteous riots in Edinburgh, Mr. Murray was employed to oppose the bill for incapacitating the provost, and fining the city; and, in consequence of his great exertions on this occasion, was presented with the freedom of the city of Edinburgh in a gold box. In the year 1743, Mr. Murray was appointed solicitorgeneral, and was returned to parliament. In the house of commons his eloquence, and the respect with which he was regarded, soon rendered him a very efficient supporter of the administration. At the trial of the rebel lords in 1746, Mr. Murray assisted in his character of solicitor-general. His speech on the trial of Lord Lovat is said to be one of the few of his speeches which have been authentically given.* It consists, indeed, of little more than a concise and lucid statement of the evidence. 66 Every gentleman," said the solicitor-general," who has spoken in this trial has made it a rule to himself to urge nothing against the prisoner but plain facts and positive evidence without aggravation." The prisoner himself made some singular observations on the address of Mr. Murray. "My lords, I am very sorry I gave your lordships so much trouble on my trial, and I give you a million of thanks for being so good in your patience and attention whilst it lasted. I thought myself very much loaded by one Murray, who, your lordships know, was the bitterest enemy there was against me. I have since suffered by another Mr. Murray, who, I must say with pleasure, is an honour to his country, and whose eloquence and learning are much beyond what is to be expressed by an ignorant man like me. I heard him with pleasure, though it was against me. I have the honour to be his relation, though perhaps he neither knows it nor values it. I wish that his being born in the north may not |